| 1.)
Account Setup
We will setup your
account after we have received payment
and we and/or our payment partner(s)
have screened the order(s) in case
of fraud. It is your responsibility
to provide us with an email address
which is not @ the domain(s) you are
signing up under.
2.) Content
All services provided
by us may only be used for lawful
purposes. This includes, but not limited
to: copyrighted material, material
we judge to be threatening or obscene,
pornography.
Examples of
unacceptable material:
- Adult Sites w/
Pornography
- IRC Bots
- Warez
Sites
- Pirated
Software
- Hate
sites
- Hack
programs and archives
3.) Zero Tolerance
Spam Policy
We take a zero tolerance
stance against sending of unsolicited
e-mail, bulk emailing, and spam. "Safe
lists" and "double optin"
will be treated as spam. Any user
who sends out spam will have their
account terminated without notice.
We reserve the right
to require changes or disable as necessary
any web site, account, database, or
other component that does not comply
with this policy, at its sole discretion.
We also reserves the right to make
any such modifications in an emergency
at our sole discretion.
We reserve the
right to charge the holder of the
account used to send any unsolicited
e-mail a clean up fee. This cost of
the clean up fee is left entirely
to the discretion of BendHosting.com
All rights reserved.
4.) Payment
Information
You agree to supply
appropriate payment for the services
received from us, in advance of the
time period during which such services
are provided. You agree that until
and unless you notify BendHosting.com
of your desire to cancel any or all
services received, those services
will be billed on a recurring basis.
We reserve the right
to change the monthly payment amount
and any other charges at anytime.
5.) Backups
and Data Loss
Your use of the service
is at your sole risk. We are not responsible
for files and data residing on your
account. You agree to take full responsibility
for files and data transferred and
to maintain all appropriate backup
of files and data stored on our servers.
6.) Cancellation
and Refunds
We reserve the right
to cancel the account at any time.
Customers may cancel
at any time. We give you an
unconditional 30 day money back guarantee
on managed shared hosting, and reseller
solution's. Refund requests after
30 days will be refunded on a prorated
basis of any unused time.
Only first-time accounts
are eligible for a refund. For example,
if you've had an account with us before,
cancelled and signed up again, you
will not be eligible for a refund
or if you have opened a second account
with us.
7.) Resource
Usage
Users may not initiate
the following:
a) Use 25% or more
of system resources for longer then
90 seconds. There are numerous activities
that could cause such problems; these
include: CGI scripts, FTP, PHP, HTTP,
etc.
b) Run any type of
interactive real-time chat applications
that require server resources. Remotely-hosted
services are fully allowed.
c) Run stand-alone,
unattended server-side processes at
any point in time on the server. This
includes any and all daemons, such
as IRCD.
d) Run any software
that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any gaming
servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth
Usage
You are allocated
a monthly bandwidth allowance. This
allowance varies depending on the
hosting package you purchase. Should
your account pass the allocated amount
we reserve the right to suspend the
account until the start of the next
allocation, suspend the account until
more bandwidth is purchased at an
additional fee, suspend the account
until you upgrade to a higher level
of package, terminate the account
and/or charge you an additional fee
for the overages. Unused transfer
in one month cannot be carried over
to the next month.
9.) Money
back Guarantee
On dedicated servers,
and collocation no full refund will
be honored, the 30 day money back
guarantee does not apply. We reserve
the right to refund a prorated amount
or no refund at all.
10.) Price
Change
The amount you pay
for hosting will never increase from
the date of purchase. We reserve the
right to change prices listed on our
site, and the right to increase the
amount of resources given to plans
at any time.
11.) Indemnification
Customer agrees that
it shall defend, indemnify, save and
hold us harmless from any and all
demands, liabilities, losses, costs
and claims, including reasonable attorney's
fees asserted against us, its agents,
its customers, officers and employees,
that may arise or result from any
service provided or performed or agreed
to be performed or any product sold
by customer, its agents, employees
or assigns. Customer agrees to defend,
indemnify and hold harmless any
liabilities arising out of; (1) any
injury to person or property caused
by any products sold or otherwise
distributed in connection with us;
(2) any material supplied by customer
infringing or allegedly infringing
on the proprietary rights of a third
party; (3) copyright infringement
and (4) any defective products sold
to customers from BendHosting.com's
server.
12.) Disclaimer
We will not be responsible
for any damages your business may
suffer. We make no warranties of any
kind, expressed or implied for services
we provide. We disclaims any warranty
or merchantability or fitness for
a particular purpose. This includes
loss of data resulting from delays,
no deliveries, wrong delivery, and
any and all service interruptions
caused by us and our employees.
13.) Changes
to the TOS
We reserve the right
to revise its policies at any time
without notice.
|